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Sexual Assault in Disability and Aged Care: Prevention and response in residential services

Sexuality: Tools

Intimacy, sexuality and sexual behaviour in dementia: How to develop practice guidelines and policy for long term care facilities [PDF]

Continuing Gerontological Education Cooperative, Ontario, Canada

This guide will assist residential aged-care services to develop a resident-oriented policy that will balance resident’s rights with mission and goals of the organisation.

Guidelines for working out consent to sexual relationships

In the SADA report [PDF], the greatest concern expressed by both managers and support workers was how to work out if a resident has consented to a sexual relationship – particularly those with dementia or intellectual disability.

Answering the following questions may help to decide if a person has consented to a sexual relationship:

  1. Does the person know that it is wrong to force someone else to have sex or to touch someone else when they do not want it?
  2. Does the person know both people should enjoy sexual contact?
  3. Why does the person or a partner accept touching and sex?

Other issues to consider if assessing a person's ability to consent:

  1. How does the person consent to other activities or processes in their life?
  2. What is the person’s understanding of sexual activity?
  3. How does the person makes choices in their life and the what is quality of those choices?
  4. How does the person communicates their choices? Are they are to reliably say "Yes" or "No"?
  5. Is there a significant imbalance of power in the relationship?

Consent

In New South Wales, the age of consent for heterosexual and homosexual sex is 16.

Consent means that a person freely and voluntarily agrees to sex. Consent must not be obtained by force or by threats to that person or any other person.

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